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HomeMy WebLinkAbout16-161 - King County Parks and Recreation Division - Baker Boulevard Non Motorized Improvements16-161 Council Approval 12/5/16 Interagency Agreement Between King County Parks and Recreation Division and City of Tukwila for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road This Interagency Agreement is made between King County, a political subdivision of the State of Washington ("the County") and the City of Tukwila, a municipal corporation in the State of Washington, ("City") regarding design, construction of improvements, operation, and maintenance of two portions of the City's right-of-way known as Baker Boulevard and Christensen Road. The County and the City are collectively referred to as "the Parties." RECITALS A. The Green River Trail ("Trail") is owned and operated by the City. The Trail is a longstanding and popular facility for multiuse recreation and active transportation in south King County and is part of the Regional Trails System in King County. The Trail traverses Tukwila north to south generally along the west bank of the Green River. To the north the Trail connects with other similar facilities and bicycle and pedestrian routes to the City of Seattle. To the south, the Trail connects to the cities of Kent and Auburn. In conjunction with other intersecting regional trails and bicycle and pedestrian routes, the Trail offers access to locations throughout the Green River Valley and the cities of Renton and SeaTac. Tukwila Station, a regional transit center, is located east of the Trail offering access to high-capacity transit, including Sound Transit's Sounder Commuter Rail service, Amtrak, and King County Metro's RapidRide bus service. The designated Tukwila Regional Growth Center at Southcenter encompasses the Tukwila Central Business District and includes the limits of this project as well as Tukwila Station and the Tukwila Urban Transit Center, which are more directly connected by this project. B. The Regional Trail System is a network of facilities for nonmotorized recreation and transportation, providing a valuable transportation asset for the region. Establishing purposeful connections between regional trails and regionally significant destinations throughout King County is an important goal for the County. In 2014, the County completed the Regional Trails System Mobility Connections study that recommended connections between the Regional Trail System and several civic centers, transit centers, and Puget Sound Regional Council -designated Regional Growth Centers within King County. The intent Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 1 574 d a161/i//9s—S of this study was to identify improvements that would increase bicycle and pedestrian access between the trails network and these destinations by using streets or other public rights -of -way to create priority connections. C. The County launched the Regional Trails Mobility Connections strategy in conjunction with the 2014- 2019 King County Parks, Trails, and Open Space Replacement to ensure safe and direct connections for bicyclists and pedestrians from the Regional Trails System to urban communities. This strategy seeks to extend the benefits of the regional trails in urban areas, increase mobility and travel options while decreasing the need for automobile parking and other costly infrastructure. It encourages alternatives to driving, reduces traffic congestion, and improves air quality. It promotes physical activity and encourages economic development and sustainability. D. In 2016, the County completed a Tukwila Mobility Connections concept plan, which recommended connections to promote bicycling and walking between the Trail, the Tukwila Sounder Station, the Tukwila Regional Growth Center ( Southcenter), and the Tukwila Urban Transit Center. The City has also identified the connections as important nonmotorized routes and part of the City's proposed Station to Southcenter Trail. The location of these connections between the Green River Trail and Southcenter is shown in Exhibit A. The conceptual improvements identified in the Tukwila Mobility Connections concept plan and associated designs for this area are identified in Exhibits B through F. These improvements are collectively referred to as "the Mobility Project ". The Parties are working cooperatively to implement the Mobility Project. The Parties intend by this Agreement to establish their respective rights, roles and responsibilities related to the Mobility Project. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties mutually agree as follows: AGREEMENT 1. Scope. The scope of this interagency agreement is limited to design, construction of improvements, maintenance, and operation of the Mobility Project. a. Design and Permitting. (i) The County has performed a preliminary assessment of the condition of Baker Boulevard and has recommended improvements to increase safety, convenience and connectivity for bicyclists and pedestrians on these streets. The County's recommendations for improvements to Baker Boulevard are described in Exhibit B and reference the City's current street plans, shown in Exhibit C. The County's recommendations are shown in Exhibit D as preliminary concept designs. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 2 (ii) The City has designed a shared use path adjacent to Christensen Road extending between the Trail and Baker Boulevard. A description of the City's proposed improvements is shown in Exhibit E. Design plans for these improvements are shown in Exhibit F. The County has reviewed the City's proposed design and finds that it implements the Mobility Project. (iii) The City is solely responsible for final design of the Mobility Project including obtaining any necessary input and approval from WSDOT, and constructing the improvements according to the approved design. (iv) The City shall be solely responsible for compliance with all regulatory requirements including the State Environmental Policy Act (SEPA). The City shall apply or require its contractor to apply for all necessary permits. The City shall be responsible for the monitoring, reporting and any corrective actions required for this project. The City shall be the named permittee for any required permits and is solely responsible for compliance with permit conditions. b. Construction. (i) The City shall be solely responsible for construction of the Mobility Project, including contract procurement, and shall provide the necessary engineering, administrative, inspection, clerical and other services necessary for construction of the Mobility Project. The City shall comply with all applicable laws and regulations. (ii) The City shall require its contractors to name King County, its officers, officials, employees, and agents as additional insureds on all liability insurance policies maintained by the City's contractors conducting work pertaining to the Mobility Project. The City shall also require that all of the City's contractors conducting work pertaining to the Mobility Project include King County, its officers, officials, employees and agents as contractually indemnified parties entitled to the same indemnification protection as the City. (iii) The City shall update the County on its progress in construction the Mobility Project. c. Funding. The County shall provide funding of up to $1,000,000 for implementation of the Mobility Project. The City shall provide an estimate of costs prior to installation of these improvements, and the County will approve costs prior to installation of improvements. The City shall invoice the County for actual accrued costs and the County will reimburse the City for costs of improvements as approved by the City and County up to $1,000,000. The County may require the City to provide additional information prior to providing payment. The City Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 3 shall acknowledge King County's funding support from the 2014 -2019 King County Parks, Trails, and Open Space Replacement Levy on public information related to the project. d. Maintenance. The City shall operate and maintain Baker Boulevard and Christensen Road rights -of -way, including the improvements as installed over the term of this Agreement. Future alterations to installed improvements may be undertaken to ensure the safety and convenience of the public by approval of both the City and the County. 2. Property. The City hereby represents and warrants to the County that it holds the necessary property rights, including right -of -way and /or easement rights to the property in Baker Boulevard and Christensen Road and that it has legal authority to construct the improvements. The City further represents and warrants that there are no easements, covenants, restrictions, encumbrances, or defects on or to the property in Baker Boulevard and Christensen Road that will in any way impair the City's ability to design and construct the Mobility Project and perform its obligations under this Agreement. 3. Liability. Each Party shall protect defend, indemnify, and save harmless the other Party, its officers, officials, employees and agents which acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and /or damages of whatsoever kind ( "Claims ") arising out of, in connection with, or incident to the exercise of any right or obligation under this Agreement, to the extent caused by or resulting from each Party's own acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own contractors, their employees, and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this Paragraph extend to any Claim brought by or on behalf of the other Party or any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with full and complete indemnity of Claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 4. Insurance. For the duration of its liability exposures under this Agreement, the City of Tukwila shall maintain insurance, as described below, against claims for injuries or damage to property which may arise from or in connection with performance of the work hereunder by the City, its agents, representatives, employees, contractors, or subcontractors. (a) General Liability. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY, $1,000,000 combined single limit per occurrence, and for those policies with aggregate limits, a $2,000,000 aggregate limit. King County, its officers, officials, employees, and agents are to be covered as Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 4 additional insureds as respects liability arising out of activities performed by or on behalf of the City of Tukwila in connection with this Agreement. (b) Automobile Liability: Insurance Services form number CA 00 01 (current edition). The Limit of Liability shall be no less than ONE MILLION DOLLARS ($1,000,000) per occurrence. (c) Statutory Workers' Compensation coverage and Stop Gap Liability for a limit no less than ONE MILLION DOLLARS ($1,000,000) per occurrence. (d) Professional Liability: For professional services, such as engineering or architecture conducted by the City of Tukwila or any contractor. Professional Liability coverage shall be no Tess than ONE MILLION DOLLARS ($1,000,000) per claim and in the aggregate. The City of Tukwila shall submit proof of Insurance as part of the required submittals or provide evidence of compliance from its contractor that these insurance requirements have been met 30 days prior to beginning of the work designated to be performed by a professional. (e) Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to, and approved by, the County. The deductible and /or self- insured retention of the policies shall not apply to the City's liability to the County and shall be the sole responsibility of the City. (f) Verification of Coverage. The City of Tukwila shall furnish the County with certificates of insurance and endorsements required by this Agreement. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Agreement. The County reserves the right to require complete, certified copies of all required insurance policies at any time. (g) Subcontractors. The City of Tukwila shall include all of its contractors as insureds under its policies or shall furnish separate certificates of insurance and policy endorsements from each contractor. Insurance coverages provided by contractors as evidence of compliance with the insurance requirements of this Agreement shall be subject to all of the requirements stated herein. (h) The County acknowledges, agrees, and understands that through its participation in the Washington Cities Insurance Authority ( "WCIA "), the City of Tukwila is self- funded for all its liability exposures. The City of Tukwila agrees, at its own expense, to maintain, through WCIA, coverage for all of its liability exposures for this Agreement, and it agrees to provide the County with at least thirty (30) days prior written notice of any material change in its insurance program and provide the County with a letter of self- insurance as adequate proof of coverage. The County further acknowledges, agrees, and understands that the City of Tukwila does not purchase commercial liability insurance, and therefore does not have the ability to name the County as an additional insured. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 5 5. Points of Contact. King County Parks Agreement Robert Foxworthy, AICP Regional Trails Coordinator 201 S. Jackson Street, KSC 0700 Seattle, WA 98104 206 - 477 -4566 King County Parks Capital Projects Tri Ong, PE Engineer /Capital Project Manager 2015. Jackson Street, KSC 0700 Seattle, WA 98104 206 - 477 -3591 City of Tukwila Robin Tischmak City Engineer 6300 Southcenter Boulevard, Suite 100, Tukwila, WA 98188 206 - 431 -2455 6. Effective Date /Duration. This Agreement shall be effective upon signature by both Parties and shall continue until December 31, 2027. The terms, covenants, representations, and warranties contained herein shall continue in force unless both Parties mutually consent in writing to termination of this Agreement. The City agrees to retain these improvements for the duration of this Agreement unless alterations are approved in writing by both parties. 7. Survivability. The provisions of Section 3 shall survive termination of this Agreement. 8. Extension. The City and County may agree to extend the duration of this Agreement for successive 10 year terms. In order for any such extension to occur, either the City or County may make a written request to the other party not less than sixty (60) days prior to the otherwise applicable expiration date. Any agreement by the City and County to the proposed extension shall be made in writing. If the parties have not agreed to the extension in writing by the otherwise applicable expiration date, the Agreement shall expire. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 6 9. Metropolitan King County Council Appropriation Contingency. The County's performance under this Agreement is contingent on the appropriation by the Metropolitan King County Council of sufficient funds to carry out the performance contemplated herein. 10. Amendments. This Agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Any modifications to this Agreement shall be in writing and signed by both parties. 11. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other persons or entity shall have any right of action or interest in this Agreement based upon any provision set forth herein. 12. Force Majeure. If either Party cannot perform any of its obligations due to events beyond its reasonable control, the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond a Party's reasonable control include, but are not limited to, acts of God, civil commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or materials, government regulations or restrictions, lawsuits filed challenging one or more Permits or other agreements necessary for implementation of the Project and weather conditions. 13. Waiver. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified, or deleted except by an instrument, in writing, signed by the Parties hereto. 14. Relationship of the Parties. The Parties execute and implement this Agreement as separate entities. No partnership, joint venture, or joint undertaking shall be construed from this Agreement. 15. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. 16. Authority. Each Party executing this Agreement represents that the Party has the authority to execute this Agreement and to comply with all the terms of this Agreement. 17. Entire Agreement. This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 18. Exhibits. All Exhibits referenced in this Agreement are incorporated by reference as if fully set forth. 19. Joint Drafting Effort. This contract shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one Party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution thereof. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 7 IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last written below. King County Parks and Recreation Division City of Tukwila By VJ-� By Kevin Brown, Division Director Allan Ekberg, Mayor Signed this / 3 day of P C , -7'c'/4 Signed this ‘91'1. day of , 7. -al% Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 8 nuthcenter Mall Exhibit A Location of Mobility Connections Baker Boulevard and Christensen Road Location of Mobility Connections Improvements on Christensen Road Location of Mobility Connections Improvements on Baker Boulevard Baker Boulevard Green River Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 9 Exhibit B Mobility Connections Improvements on Baker Boulevard The Baker Boulevard project site is approximately 1,300 feet in length and the street is designated as a Collector Arterial in the Tukwila Comprehensive Plan. All Baker Boulevard street right -of -way is within and owned by the City of Tukwila. The City's proposed rechannelization plan for Baker Boulevard between Andover Park W. and Christensen Road is shown in Exhibit C. The alternative bicycle /pedestrian improvements proposed by the County on Baker Boulevard are shown in Exhibit D and are consistent with the Tukwila Mobility Connections concept (March 2016), King County DNRP, Baker Boulevard — King County Proposal Option 1 Buffered Bike Lanes (Option 1). These improvements modify the City's proposed rechannelization plan. Proposed modifications include: • Reduce the width of the parking lane between Andover Park W. and Andover Park E. to 8.0 feet; • Change the proposed 6.0 -foot conventional bike lanes between Andover Park W. and Andover Park E. to 6.5 -foot buffered bike lanes. 6.5 -foot buffered bike lanes to include 5.0 -foot bike lane with 1.5 foot, half chevron painted buffer area; • Maintain the full width of the 6.5 -foot buffered bike lanes at both the westbound approach to Andover Park W and the eastbound approach to Andover Park E by reducing vehicle travel lanes widths to those outlined in Exhibit D or other dimensions based on best engineering judgement; • Ensure the eastbound buffered bike lane is striped along its entire length between Andover Park W. and Andover Park E.; • Reduce the width of vehicle travel lanes between Andover Park E. and Christensen Road to 12.0 feet; • Change the proposed 6.0 -foot conventional bike lanes between Andover Park E. and Christensen Road to 7.5 -foot buffered bike lanes. 7.5 -foot buffered bike lanes to include 5.5 -foot bike lane with 2.0 foot, half chevron painted buffer area; • Install green - colored markings in buffered bike lane at the westbound mixing zone at approach to Andover Park W.; • Install bike boxes with green - colored markings at eastbound and westbound approaches to Andover Park E; and • Green- colored markings may be paint, MMA /Epoxy or Thermoplastic based on the City's engineering and maintenance preferences. The City will use these proposed modifications to produce a final rechannelization plan for Baker Boulevard for review and approval by the County prior to implementation. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 10 Exhibit C Proposed Rechannelization Plan for Baker Boulevard from City of Tukwila NE.I/4 SEC26.T23N, R.4E. W.fi.,,J Ih00 1fet0 BARER OM 00 4 tONSIRUCTION NOTES: (1) PAM 30U1 MTV 0AD0CA1101f NOM R10001000 sap 40A) 00000.U. 0 00 00111 011 u0 (011i0UR tontom 000010W WOL K.)5. 00 OS,017[S:OW flee 0RI0b. O UB000100*44CUU.1R101000e Wen TO it 1001000 0* 0U Q ausanr 0 M110. 0 00P. GENERAL NOTES: I'A'MO, EQU SS 34LL WOW 10 01i SN NM 00-0 LEGEND: i M .0 SC4E 1* *100 NONL systA TAL CH101 PLJI3L .IC WORKS DLP 7 : 0EACIWGL•RIt(i•SEN!!7TS•WM11R•SI1W1R.00*IR.[)IXf^ 4®+ 0 °u ;.. L!1'e:vi , - ? c ' e;f_ BAKER BLVD RECHANNELIZATION (�^ Mroed . UR 0)/10l0 B1 MI Fah A omspx eI OO S.% Nwnyre. 98101-J505 1 ex rW_ rEni11 ,. __ MOM. __ 1 a•+w -- -• CHANNELOATION.S SIGNING PLAN'. BAKER BLVD STA 20+00 TO STA 2T+50 Net., u Lrc retina me nshehae Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 11 Exhibit C — Cont'd. NE.U4 SEC2e T.23N,-A.4E. W.M. CONSTRUCTION NOTES: IPN+K 9014. mau MEES0!00$ uf.' P7.4404I0M0D 99rR. MM MAIM 1eo9 KRCT21 +PL 0.001019019. 09910910100930991 WEAR I[+Crr N-0 IYC PCDC0DA011 K5N 9RI00. Ui la5000 0NaP; 900L DL)LCG11 ICDP0 W 3C •BW1e?e OXL 00 CCr otor roo Cue nw. GENERAL NOTES: 1. XL?1HiL.1 e1Rth09 9911 994999 ID CO 9!D PJ9 444911 LEGEND: 0 1d TA 40 SLAB Y+ FEET NOR?. CH102 J PLJI3Lrc 'WORKS L)EPT: •E\(iWGERI?1G•STRF17$•WA'1'1000WER•BUILOWri' .'O M s�i /ai:ii/o .rmvrue«., mer rein A.rce. SA. et/ -SW% IRil19101 Pe101-X61 (200 eaz-m?7 fa pael er?-erw ;:' ` ''e yO t� ,y �° 1 'e "" BAKER BLVD RECNANNE4IZATION „< L.. -or osR�r,s w w or XXX esidl 1•dx - — CNANNELIZATION S SIGNING PLAN -BAKER BLVD STA 21R50 TO STA 34.22.90 .4..* Mull m se Ida iniwan Iro 10/91R94e Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 12 1 Exhibit D King County Proposed Mobility Connections Improvements on Baker Boulevard Baker Boulevard - King County Proposal Option 1- Buffered Bike Lanes Baker Boulevard West Segment - Buffered Bike Lanes Baker Bled Sidew.lk Buffered Wm tone (T eufferdmn lane wE_ B dflrtdSIkt UM buffered Mk. Une sidewalk • Wrenn .. Sulewad Mee NW iv pnkln0 Buttered l ke Lane 7.4 4- 1 e BuffendllkeLane 1 pawn b Wawalk Buffered BAe Lane Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 13 Exhibit D - Cont'd. Baker Boulevard - King County Proposal Option 1- Buffered Bike Lanes Baker Pad a Sidewalk Bu0ered Blkelana Buffered Bike lane d 4 Buffered ails We b Sidewalk Buffered Blkel.M Baker Boulevard East Segment- Buffered Bike Lanes • No changes to existing curb lines Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 14 Exhibit E Mobility Connections (Shared Use Path) Improvements on Christensen Road, Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment The Christensen Road project site is approximately 520 feet in length and the street is designated as a Local Street in the Tukwila Comprehensive Plan. All Christensen Road right -of -way is within and owned by the City of Tukwila. Improvements are based on and consistent with plans and engineering designs for the Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment, as shown in Exhibit E. Improvements to include: • Reconfiguration of Christensen Road to construct a 12- foot -wide paved shared use path separated from street vehicle traffic along the eastern edge of road right -of -way; • The shared use path to include a soft- surface buffer between the path and the roadway which varies in width based on site conditions; • The shared use path extends between the Green River Trail and Baker Boulevard, including bicycle and pedestrian access to both the Green River Trail and Baker Boulevard at the intersection of the Baker Boulevard and Christensen Road; and • Related trail landscaping and ADA accessible features. 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